BILL NUMBER: SB 1087	CHAPTERED  09/27/00

	CHAPTER   715
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   JUNE 8, 2000
	AMENDED IN ASSEMBLY   MAY 18, 2000
	AMENDED IN ASSEMBLY   JULY 2, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Sher

                        FEBRUARY 26, 1999

   An act to amend Section 6217.1 of the Public Resources Code,
relating to fish.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1087, Sher.  Salmon and Steelhead Trout Restoration Account.
   (1) Existing law provides for the Salmon and Steelhead Trout
Restoration Account in the Resources Trust Fund and requires not less
than 65% of the money in the account to be used for salmon habitat
protection and restoration projects.  Of that amount, existing law
requires at least 75% to be used for watershed (upslope) and riparian
area protection and restoration activities.
   This bill would specify that those activities may include grants
to remove substandard culverts, stream crossings, and bridges that
constitute barriers to spawning of salmon and steelhead and passage
of fish.
   (2) Existing law requires up to 35% of the money in the account to
be allocated for other specified uses, including California Forestry
Incentive Program (CFIP) projects that meet CFIP guidelines.
   This bill, instead, would include within the specified uses, fish
and wildlife habitat improvements, as defined, that are authorized
under the CFIP.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6217.1 of the Public Resources Code is amended
to read:
   6217.1.  (a) This section and the process described in this
section shall govern the expenditure of any funds received by the
State of California from the federal government for the purposes of
salmon and steelhead conservation and restoration.
   (b) For purposes of this section, "project" means an activity that
improves fish habitat in coastal waters utilized by salmon and
anadromous trout species.
   (c) (1) The Department of Fish and Game shall grant funds from the
Salmon and Steelhead Trout Restoration Account in the Resources
Trust Fund, as follows:
   (A) At least 87.5 percent of the funds shall be allocated as
project grants through the existing grant program operated by the
fisheries management program of the Department of Fish and Game.
   (B) Not more than 12.5 percent of the funds may also be used for
project contract administration activities and biological support
staff.
   (2) (A) A project shall require the consent of a willing
landowner, and emphasize the development of coordinated watershed
improvement activities.
   (B) Projects that restore habitat for salmon and anadromous trout
species that are eligible for protection as listed or candidate
species under state or federal endangered species acts shall be given
top funding priority.
   (C) Projects shall be cost-effective and treat causes and not
symptoms of fish habitat degradation.  Projects may implement
instream, riparian, water quality, water quantity, and watershed
prescriptions and shall be designed to restore the structure and
function of fish habitat.
   (3) Any grant funds allocated to a project that exceed the actual
cost of completing the project shall be returned to the Salmon and
Steelhead Trout Restoration Account.
   (d) (1) A citizen's advisory committee shall be appointed by the
Director of Fish and Game, to give advice on the grant program.
   (2) The advisory committee shall consist of seven representatives
recommended by the California Advisory Committee on Salmon and
Steelhead Trout, one representative from the agriculture industry,
one representative from the timber industry, one representative of
public water agency interests, one academic or research scientist
with expertise in anadromous fisheries restoration, and three county
supervisors from coastal counties in which anadromous trout exist.
The county supervisor members shall be recommended by the California
State Association of Counties.
   (3) The advisory committee shall provide oversight of, and
recommend priorities for, grant funding under this section.  In
making funding decisions, the Department of Fish and Game shall
consider the project selection priorities established by the advisory
committee.
   (4) Members of any advisory committee established for these
purposes shall be reimbursed for travel and incidental expenses
related to the performance of their duties under this section.
Reimbursement for the advisory committee created pursuant to this
section shall be made from the funds designated in subparagraph (B)
of paragraph (1) of subdivision (c).  Reimbursement for other
Department of Fish and Game salmon and steelhead advisory committees
shall be funded by appropriate sources.
   (e) Except as provided in subdivision (f), the money in the Salmon
and Steelhead Trout Restoration Account shall be allocated as
follows:
   (1) Not less than 65 percent of the money shall be used for salmon
habitat protection and restoration projects.  Of that amount, at
least 75 percent shall be used for watershed (upslope) and riparian
area protection and restoration activities.  These activities may
include, but are not limited to, grants to remove substandard
culverts, stream crossings, and bridges that constitute barriers to
spawning of salmon and steelhead and passage of fish.  These funds
may also be used for the acquisition, from willing sellers, of
conservation easements for riparian buffer strips along coastal
rivers and streams to protect salmon and steelhead habitat or for
projects that protect and improve water quality and quantity.
   (2) Up to 35 percent of the money shall be allocated for any of
the following uses:
   (A) Watershed evaluation, assessment, and planning necessary to
develop a site-specific and clearly prioritized plan to implement
watershed improvements.
   (B) Multiyear grants for watershed planning and project monitoring
and evaluations.
   (C) Watershed organization support and assistance.
   (D) Project maintenance and monitoring after the project
implementations are complete.
   (E) Public school watershed and fishery conservation education
projects.
   (F) Private sector technical training and education project
grants, including teaching private landowners about practical means
of improving land and water management practices that, if
implemented, will contribute to the protection and restoration of
salmon stream habitat; scholarship funding for workshops and
conferences that teach restoration techniques; operation of nonprofit
restoration technical schools; and production of restoration
training and education workshops and conferences.
   (G) Fish and wildlife habitat improvements, as defined by Section
4793, and authorized under the California Forestry Incentive Program
(CFIP).
   (H) The salmon restoration project of the California Conservation
Corps.
   (I) The state's share of the federal Watershed Stewards Program.
   (f) The advisory committee may, in any fiscal year, make a
recommendation to the Department of Fish and Game to allocate money
from the Salmon and Steelhead Trout Restoration Account for the
purposes stated in subdivision (e), but in different percentage
requirements than the 65/35 split stated in paragraphs (1) and (2) of
that subdivision.  Following that recommendation, the Director of
Fish and Game may suspend the percentage requirements stated in
paragraphs (1) and (2) of subdivision (e) for that fiscal year only.
